State Council Junior Order of United American Mechanics v. Emery

Citations

• 219 Pa. 461
• 68 A. 1023
• 1908 Pa. LEXIS 602

Syllabus

<p>Beneficial associations — Corporations—Subordinate lodges — Title to moneys — Side and funeral benefits.</p> <p>Funds raised by the members of a subordinate body of a beneficial association for sick and funeral benefits, belong to the subordinate association, and are to be distributed by it to the parties for whose use and benefit they were contributed. The revocation of the charter of a subordinate body by the supreme body cannot have the effect of confiscating the property owned absolutely by the local body. The Act of June 20, 1883, P. L. 132, does not change in any way the application of this principle in Pennsylvania.</p> <p>Where funds contributed by members of the subordinate body for sick and funeral benefits have been distributed to beneficiaries before a final decree of the court affirming the revocation of the charter of the subordinate body by the supreme body, the members of the subordinate body cannot be compelled by a court of equity to account to the supreme body for the fund in question; and this is especially so where it appears that the fund was in the hands of trustees, and had never in fact been in the hands of the members.</p> <p>Elkin, J., dissents.</p>